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8 21 06 Agenda With Icons CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 6:00 P.M. - HUMAN RIGHTS COMMISSION ADA REPORT 6:30 P.M. - REGULAR MEETING LIBRARY AUDITORIUM MONDAY, AUGUST 21,2006 ra Hurran Rights Material INVOCATION Deacon Dave McGhee, Nativity Catholic Church CONSENT ITEMS The consent agenda items are considered to be routine and non-controversial and all consent items will be normally voted upon in a single motion without any separate discussion on a particular item. If you would like to discuss one of the Consent Items, please go to the microphone and be recognized by the Mayor and state the item you would like removed from the Consent Agenda for separate discussion and consideration. 1. Minutes and Reports Submitted Cable Teleprogramming Commission of 6/6; City Council of 817; Civil Service of 6/2, 6/6 and 6/30; Historic Preservation Commission of 7/20; Housing Code Appeals Board of 3/2; Library Board of Trustees of 4/27, 6/22 and 717; Zoning Advisory Commission of 8/2 Proofs of publication of City Council Proceedings of July 17, 2006 and List of Claims and Summary of Revenues for month ending June 30, 2006 Suggested Disposition: Receive and File ~ ~ ~ ~ ~ ~ Cable lV City Council Civil Serv<:e - 6/2 Civil Serv<:e - 6/6 Civil5ervice - 6/30 HPC ~ ~ ~ ~'" "' "". ~ I ~; ,-^..:' loldDIili. ..::!!!It ~: Hsg Code Appeals Bel Ubrary Bel - 4/27 Ubrary Bel - 6/22 Ubrary Bel - 7/7 Zoning 2. Notice of Claims/Suits Louise Ehlinger for personal injury Suggested Disposition: Receive and File; Refer to City Attorney City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Louise Ehlinger for personal injury; Milton Ernst for property damage; Emily Freiberger for property damage Suggested Disposition: Receive and File; Concur ~ Claim; - ICAP 3. Request to Purchase Communication from John Gronen requesting to purchase a portion of a City-owned alley abutting his property at 1798 Washington Street. Suggested Disposition: Receive and File; Refer to City Manager ~ Gronen Ur 4. Green Dubuque Communication from Jake Werner, 640 Lorimer, regarding the desire for a green Dubuque and a sustainable future for the City. Suggested Disposition: Receive and File ~ Werner Ltr 5. Residential Parking Permit District Communication from Dorothy and Lisa McCarthy, 1797 Vizaleea Drive, in appreciation of the City Council's support for the Residential Parking Permit District. Suggested Disposition: Receive and File it McCarthy lir 2 6. Certificate of Completion - Marke, LLC (Vessel Systems) City Manager recommending approval of the issuance of a Certificate of Completion to Marke, LLC (Vessel Systems) in the Dubuque Industrial Center West acknowledging completion of their obligations to construct Minimum Improvements. Suggested Disposition: Receive and File; Approve ~ D ~ CJ ~ Marke LLC - MVM Merro Marke LLC - Staff Merro Marke LLC - Cert of Corrpletion 7. PEG Access Capital Grant Expenditure City Manager recommending approval of a $5,000 grant from the Capital Grant for Access Equipment and Facilities Fund to Wahlert High School/Holy Family Schools for a new digital camcorder and $5,070 to Mediacom's Public Access Studio for a camcorder shoulder brace and wireless intercom system. Suggested Disposition: Receive and File; Approve IiVl7'1 ~ ~ PEG - MVM Merro PEG - Staff Merro 8. Legislative Correspondence Communication to Senator Charles Grassley, Senator Tom Harkin and Congressman Jim Nussle regarding the RIGHT Act. Suggested Disposition: Receive and File & Bfi ra Grassley Ltr Harkin Ltr NussleLtr 9. Asbury Road Widening City Manager recommending approval of the acquisition plats and acceptance of the proposed right-of-way from the Church of the Resurrection, QHQ Properties, AAP Partners and Sam's Real Estate Business Trust. RESOLUTION Approving the acquisition plat of a part of Lot 1 of Dr. Q's Place in the City of Dubuque, Dubuque County, Iowa and accepting the dedication of right-of-way for Asbury Road RESOLUTION Approving the acquisition plat of a part of Lot 1 of AAP Place in the City of Dubuque, Dubuque County, Iowa and accepting the dedication of right-of-way for Asbury Road 3 RESOLUTION Approving the acquisition plat of a part of Lot 2 of Sam's Place in the City of Dubuque, Dubuque County, Iowa and accepting the dedication of right-of-way for Asbury Road RESOLUTION Approving the acquisition plat of a part of Lot 1 of Sam's Place in the City of Dubuque, Dubuque County, Iowa and accepting the dedication of right-of-way for Asbury Road RESOLUTION Approving the acquisition plat of a part of Lot 1 of Church Place No.2 in the City of Dubuque, Dubuque County, Iowa and accepting the dedication of right-of- way for Asbury Road Suggested Disposition: Receive and File; Adopt Resolutions ~... o ~ o ~ ~..ii: ,._-, .. ~ ASbury Rd - MVM ASbury Rd - Staff Asbury Rd - VICinity Asbury Rd - Merro Merro Map Resolutions Acquisition Plats 10. Dubuque Main Street, Ltd. City Manager recommending approval of an agreement between the Iowa Department of Economic Development, the City of Dubuque, and Dubuque Main Street for the purpose of continuing the Main Street Program in Dubuque. RESOLUTION Of support and financial commitment for the Main Street Program in Dubuque Suggested Disposition: Receive and File; Adopt Resolution ~ ~ ~ ~.. o ~ 't::::J Main Street - MVM Merro Main Street - Staff Merro Main Street Agreerrent Main Street Resolution 11. Collective Bargaining Agreement City Manager recommending approval of a collective bargaining agreement between the City of Dubuque and the Teamsters Local Union No. 421. RESOLUTION Approving the agreement between the City of Dubuque, Iowa, and the Teamsters Local Union No. 421 and authorizing the Mayor to sign the agreement Suggested Disposition: Receive and File; Adopt Resolution ~ ~ ~ ~ riiij'l D Agreerrent - MVM Merro Agreerrent - Staff Merro Agreerrent - Resolution 4 12. Carnegie Stout Public Library Communications in support of the restoration and renovation plans of the Carnegie Stout Public Library. Suggested Disposition: Receive and File Ei Ubrary Ltrs 13. Iowa Department of Transportation Notification from the Iowa Department of Transportation that a HMA (Hot Mix Asphalt) Joint and Crack Sealing Project on US 20 from Old Highway Road east to the Northwest Arterial will be let on November 21, 2006 Suggested Disposition: Receive and File ~ IOOTLtr 14. Improvement Contracts / Performance, Payment and Maintenance Bonds -- 2006 Grandview Avenue Concrete Section Repair Project -- Northwest Arterial Hike/Bike Trail Phase I Project Suggested Disposition: Receive and File 5 5 2006 Grandview Concrete Project NW Arterial Trail Project 15. Business License Refund Refund of Isabella's at the Ryan House, LLC liquor license in the amount of $168.75. Suggested Disposition: Receive and File; Approve Refund 16. Liquor License Transfer Transfer of the liquor license of the Rotary Club of Dubuque from the Grand Opera House to the Port of Dubuque for the Rock and Soul Reunion II. Suggested Disposition: Receive and File; Approve Transfer 5 17. Business Licenses RESOLUTION Granting the issuance of two new permits to sell cigarettes and cigarette papers within the City of Dubuque RESOLUTION Granting the issuance of two renewal permits to sell cigarettes and cigarette papers within the City of Dubuque RESOLUTION Granting the issuance of a Class "B" Beer (5-Day Special Event) Beer Permit to Riverfest and a Class "C" Beer Permit to CSC Gas, Inc., Rainbo Oil Company, Sid's Beverage and TFM Company RESOLUTION Granting the issuance of a Class "C" Beer/Liquor License to Ten Pin Tap, Total Chaos, Courtside Sports Bar/Grill, Clarke College and Eagle's Club; and a Class "B" Wine Permit to Oky Doky #6 and Sid's Beverage Suggested Disposition: Adopt Resolutions ~ 1i1if:l1.. '.... L2J ~ 1i1if:l1..'.... o ~ Resolution # 1 Resolut,," # 2 Resolution #3 Resolution #4 Police Reports ITEMS TO BE SET FOR PUBLIC HEARING 1. Loras College - Request to Vacate City Manager recommending that a public hearing be set for September 5, 2006 to consider a request from Loras College to vacate and purchase a portion of a City- owned alley between West 16th Street and West 1 yth Street west of Catherine Street. RESOLUTION Of intent to vacate and dispose of City interest in Lot 44A of Yates' Subdivision of Outlots 780 and 713 in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 9/5/06 ~ ~ ~ fii ~ Loras - MVM Merro Loras - Staff Merro Loras - Resolution Loras - Vicinity Map Loras - Plat of Survey e Loras College Ur 2. Vacate Unnamed Road Off of Rosedale Avenue City Manager recommending that a public hearing be set for September 5, 2006 to consider vacating a portion of an unnamed street off of Rosedale Avenue. RESOLUTION Of intent to vacate and dispose of City interest in an unnamed road south of Rosedale Avenue near Glen Oak Street to be described as Lots D, E, F and G of Rosedale Addition NO.2 in the City of Dubuque, Dubuque County, Iowa 6 Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 9/5/06 ~ {j ~ ~ ~ .. Rasedale - MVM Rasedale - Staff Raseda Ie - Rasedale - Vicinity Rasedale - Plats of Merro Merro Resolution Map Survey 3. Fourth Street Extension Vacating City Manager recommending that a public hearing be set for September 5, 2006 to consider vacating the Fourth Street Extension to reconstruct the street in this area to provide access to the Shot Tower and parking areas adjacent to the brewery. RESOLUTION Of intent to vacate Lot W in Dubuque Harbor Improvement Company Addition in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 9/5/06 ~ EJ ~.. .....~- .. ~ CJ ~ ~ 4th Street. MVM 4th street - Staff Memo Memo 4th Street. Resolution 4th Street. VK:inity 4th Street - Plat of Map Survey 4. Voluntary Annexation Request City Manager recommending that a public hearing be set for September 18, 2006 to consider a request from Dubuque Bank and Trust to voluntarily annex property located at 2690 Rockdale Road into the City of Dubuque in conjunction with rezoning to C-3 General Commercial District. Suggested Disposition: Receive and File; Public Hearing 9/18/06 ~ EJ ~ 1iiD'i. CJ rJj ~ Annexation - MVM Annexation - Staff Annexation - Staff Merro Merro Report DB&TLtr Annexation - Vicinity Map 5. Asbury Road Eastbound Lane Widening Project City Manager recommending initiation of the public bidding process for the Asbury Road Eastbound Lane Widening Project and that a public hearing be set for September 18, 2006. RESOLUTION Preliminary approval of plans and specifications RESOLUTION Setting date of hearing on plans and specifications RESOLUTION Ordering bids 7 Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 9/18/06 ~ ~ ~ Widening ~ MVM Merro Widening - Staff Merro Widening - Resolution 6. Pyatigorsk Park Parking Lot Project City Manager recommending initiation of the public bidding process for the Pyatigorsk Park Parking Lot Project and that a public hearing be set for September 18, 2006. RESOLUTION Preliminary approval of plans and specifications RESOLUTION Setting date of hearing on plans and specifications RESOLUTION Ordering bids Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 9/18/06 ~ EJ ~ EJ ~ Pyat90rsk - MVM Merro Pyat90rsk - Staff Merro Pyat90rsk - Resolutions BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Boards/Commissions: Housing Commission: (Three 3-year at-large terms through 8/17/09 - terms of Culbertson, Holz and Grant) Additional Applicants: Linda Frommelt, Rachel M. Savage Appointments to the following Boards/Commissions: Environmental Stewardship Advisory Commission (One 1-year youth term - term of Miller) Applicant: Claire Miller Housing Advisory Trust Fund Committee (One 3-year at-large term through 8/17/09- term of Hingtgen) Applicant: Doris M. Hingtgen Housing Commission (Three 3-year at-large terms through 8/17/09 - terms of Culbertson, Holz and Grant and one 3-year Section 8 term through 8/17/09 - term of Plein) At-Large Applicants: Dorothy A. Culbertson, Jim Holz Section 8 Applicant: John J. Plein 8 Overview Sheet Bd and Conm Ust Housing - Add~ional Env Stewardship Housing Trust Fd Housing Applications {J {J ~ ~ ~ ~ PUBLIC HEARINGS SUSPEND THE RULES 1. 4905 Old Highway Road - Request to Rezone Proof of publication on notice of hearing to consider amending Appendix A (the Zoning Ordinance) by reclassifying property located at 4905 Old Highway Road from R-3 Moderate Density Multi-Family Residential District to C-3 General Commercial District as requested by David Bleile and Zoning Advisory Commission recommending approval. ORDINANCE Amending Appendix A (the Zoning Ordinance) by reclassifying hereinafter described property located at 4905 Old Highway Road from R-3 Moderate Density Multi-Family Residential District to C-3 General Commercial District Suggested Disposition: Receive and File; Motion B; Motion A 4905 Ok:! Hwy Rd - Bleile - Application 4905 Ok:! Hwy Rd - 4905 Ok:! Hwy Rd - 4905 Ok:! Hwy Rd - Suggested Motion ZAC l1r Vicinity Map Staff Report Ordinance ~ EJ rii rra ~ ~ EJ ~ ^'"C~: - 2. Seippel Court - Request to Rezone Proof of publication on notice of hearing to consider amending Appendix A (the Zoning Ordinance) by reclassifying property located on Seippel Court from R-2 Two-Family Residential District to CS Commercial Service and Wholesale District as requested by Brian Lammers I Tri-State Development Company and Zoning Advisory Commission recommending approval. ORDINANCE Amending Appendix A (the Zoning Ordinance) by reclassifying hereinafter described property located on Seippel Court from R-2 Two-Family Residential District to CS Commercial Service and Wholesale District Suggested Disposition: Receive and File; Motion B; Motion A ~ rli fi Seippel Ct - VICinity Map ~.", -~-: - IiiR'l o ~ EJ Selppei Ct - ZAC l1r Lanmers- Application Seippel Ct - Staff Report Seippel a - Ordinance Suggested Motion 9 3. Conlon Johnson Development LLC Development Agreement Proof of publication on notice of hearing to consider approval of a Development Agreement providing for the sale of 4.694 acres of land in Dubuque Technology Park to Conlon Johnson Development LLC for construction of a 22,000 square foot office building and City Manager recommending approval. RESOLUTION Approving a Development Agreement providing for the sale of Lot 4 Block 1 Dubuque Technology Park in the City of Dubuque, Iowa, according to the recorded plat thereof and Lot 1 of Dubuque Technology Park No.2 to Conlon Johnson Development LLC Suggested Disposition: Receive and File; Adopt Resolution ~ EJ ~ EJ ~ ~ f1j ~ Conlon Johnson - MVM Merro Conlon Johnson - Staff MeJ1l) Conlon Johnson - Resolution Conlon Johnson - Conlon Johnson Dev P~ts Agr Material from August 5, 2006 City Council Meeting ~ ~.., ,,:::.'" - ~ ~ ~ Conlon Johnson. MVM MeJ1l) Conlon Johnson - StaffMeJ1l) Conlon Johnson - Resolution Conlon Johnson DA 4. Expansion of First Supply LLC Proof of publication on notice of hearing to consider approval of a Development Agreement with First su~ply LLC and the sale of five acres of land in Dubuque Industrial Center West 5 h Addition for construction of a 30,000 square foot distribution warehouse and City Manager recommending approval. RESOLUTION Approving a Development Agreement providing for the sale of Lot 1 of 3 of Dubuque Industrial Center West 5th Addition in the City of Dubuque, Iowa, to First Supply, LLC Suggested Disposition: Receive and File; Adopt Resolution ~ EJ ~ EJ ~ tit Gi ~ EJ First Suppiy - MVM First Suppiy - Staff First Suppiy - Merro Merro Resolution First Suppiy - P~t Project Inforrration First Suppiy Dev Agr Material from August 5, 2006 City Council Meeting ~ ~ ~ EJ ~ ~ First Suppiy - MVM MeJ1l) First Suppiy - Staff MeJ1l) First Suppiy - Resolution First Suppiy DA 10 5. Greater Downtown Urban Renewal Plan Proof of publication on notice of hearing to consider an Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District to extend the boundaries of the District and City Manager recommending approval. RESOLUTION Approving the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District Suggested Disposition: Receive and File; Adopt Resolution ~ ~ ~ LlJ ~ ra ra District - MVM MeITD UR D~trict - Staff MelTD URD~trict- Resolution Greater Downtown UR District - UR Plan Attachrrent A UR District- Attachrrent B ~ f.1 ~ UR District - Attachrrent C UR District- Attachrrent D URD~trict- Attachrrent E Material from July 19, 2006 City Council Meeting ~ CU ~ b:~ ,.....-..,. - Ii[ID Iiii@ o m District - MVM MelTD District - Staff MelTD D~trict - Resolution D~trict - Public Proposed Expans"n Notice Map 6. Flora Pool Painting Project Proof of publication on notice of hearing to consider adoption of the plans and specifications for the Flora Pool Painting Project and City Manager recommending award of the contract to Fred Jackson Tuckpointing, Inc. in the amount of $50,350. RESOLUTION Adopting plans and specifications RESOLUTION Awarding contract RESOLUTION Approving construction contract with Fred Jackson Tuckpointing, Inc. for the Flora Pool Painting Project Suggested Disposition: Receive and File; Adopt Resolutions ~ "E.J ~ "E.J IiVi]'l "E.J Flora - MVM MelTD Ficra - Staff MelTD Flora - Resolutions Material from July 19, 2006 City Council Meeting ~ ~ ~ Flora - MVM Merro Ficra - Staff MeITD Flora - Resolutions 11 7. Floodwall Pumping Facility Improvement Projects Proof of publication on notice of hearing to consider adoption of the plans and specifications for the Floodwall Pumping Facility Improvement Projects and City Manager recommending award of the contract to Kluck Construction in the amount of $446,420.80. RESOLUTION Adopting plans and specifications RESOLUTION Awarding contract RESOLUTION Approving construction contract with Kluck Construction for the Floodwall Pumping Facility Improvement Projects Suggested Disposition: Receive and File; Adopt Resolutions ~ EJ ~ EJ 6[J fi: Floodwall - MVM Merro Floodwall- Staff Merro Floodwall- Resolutions Floodwall- Bid Tab Material from July 19, 2006 City Council Meeting ~ EJ ~;; '.0."',,,^: - ~ Floodwall - MVM Merro Floodwall- Staff Merro Floodwall- Resolutions REINSTATE THE RULES ACTION ITEMS 1. Greater Dubuque Development Corporation Rick Dickinson, Greater Dubuque Development Corporation, to provide a verbal report regarding the activities of GDDC. Suggested Disposition: Receive and File 2. Cottingham and Butler - Memorandum of Agreement City Manager recommending approval of a Memorandum of Understanding with Cottingham and Butler concerning their expansion in downtown Dubuque with significant renovations of the Security Building located at 151 West 8th Street and the former House of China Building located at 803 Main Street. RESOLUTION Approving a Memorandum of Understanding with Cottingham and Butler for an expansion in downtown Dubuque Suggested Disposition: Receive and File; Adopt Resolution 12 ~ n[J n[J {J MOU - MVM Merro MOU - Staff Merro MOA - Resolution Merrorandum of Understanding 3. Cedar Lake East Third Addition Zoning Advisory Commission recommending approval of the final plat of Cedar Lake East Third Addition. RESOLUTION Approving plat of survey of Lot 1-2 and Lot A-2 of Cedar Lake East Third Addition in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution Cedar lake . ZAC lir Gibbs. Applk:atkln Cedar lake - VICinity Cedar lake . Staff Cedar lake - Plat of Cedar lake - Map Report Survey Resolution ~ EJ m Iii ~4 c,"C:C_' - ~ Iiii]'l E.J 4. Asbury Plaza Business Park First Addition City Manager recommending approval of the final plat of Asbury Plaza Business Park First Addition. RESOLUTION Approving the final plat of Asbury Plaza Business Park First Addition in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution ~. ~ ~ ~ Fir Fill ~ "!::2.J Asbury Plaza - MVM Asbury Plaza. Staff Asbury Piaza - MenD Merro Resolution Asbury Plaza. Application Asbury Plaza - ASbury Plaza - Staff Vicinity Map Report rJi Asbury Plaza - Final Plat 5. Riverside Boat Pier Grant City Manager recommending approval of the submittal of a Tier 2 Boating Infrastructure Grant application to the Iowa Department of Natural Resources and further recommends City Council approval of the revised project budget in the amount of $5,088,950, of which $1,088,950 would be the City of Dubuque's local match. RESOLUTION Authorizing an application for a Boating Infrastructure Grant for the Riverside Boat Pier Project at the Port of Dubuque Suggested Disposition: Receive and File; Adopt Resolution 13 ~ ~ ~ Pier - Resolution r:;tL ~- Pier - MVM Merro Pier - Staff Merro Pier - Grant Application 6. Unified Development Code City Manager recommending approval of the proposed committees for the Unified Development Code process. Suggested Disposition: Receive and File; Approve ~ ~ EJ ~ EJ ~ EJ ~ EJ UDC - MVM Merro UDC - Staff Merro C~izen Advisory Comrittee Sign Review Advisory Comrittee Bluffland Advisory Comrittee 7. Sustainable Communities Information from the American Institute of Architects regarding the Sustainable Design Assessment Team (SDA T) program. Suggested Disposition: Receive and File; Council Direction Ii SDA TInforrration 8. Code of Ordinance Update City Manager requesting City Council direction on the next phase of the update of the City's Code of Ordinances. Suggested Disposition: Receive and File; Council Direction Iiifll'I '"EJ ~ EJ ~ EJ Code - MVM Merro Code Review - Staff Merro Chapter Outline COUNCIL MEMBER REPORTS 14 PUBLIC INPUT At this time, anyone in the Council Chambers may address the Council on matters which are of concern to that person and which are not an agenda item. Please take your place at the microphone and state your name and address clearly. Proceed with your comments; however, no formal action may be taken at this time on your comments because of the notice requirements of the Iowa Open Meetings Law. CLOSED SESSION Pending Litigation and Property Acquisition - Chapter 21.5(1)(c)U) 2005 Code of Iowa Jeanne F. Schneider August 31, 2006 15